JUDGMENT OF THE COURT
Background
1. D. K. Njagi Marete, (the appellant), was an employee of the Teachers Service Commission, (TSC) (the respondent), between 25th November 2003 and 2nd February 2009. He served the respondent in the capacity of Senior Principal Legal Officer until 2nd February 2009 when he received a letter informing him that he had been retired in the public interest with immediate effect.
2. The appellant filed a statement of claim on 17th July 2009, which was later amended on 16th July 2010, in which he challenged the termination of his employment. He sought various orders including a declaration that his retirement was unlawful and was therefore a nullity, payment of salary and various allowances for the time that he would have served until he left the service of the respondent on retirement amounting to Kshs 26,337,665.00, as well as general damages for breach of contract, punitive damages, exemplary damages, aggravated damages, costs and interest.
3. The respondent de…